WHEREAS, the
State prisons and other penal and correctional institutions of the
New Jersey Department of Corrections continue to house populations
of inmates in excess of their capacities and remain overcrowded;
and

WHEREAS, as
of March 1994 the total adult inmate population of State-sentenced
prisoners was 23,608, including 4,020 State-sentenced inmates in
county jails; and

WHEREAS, the
State's adult and youth correctional institutions are currently
operating at 134.3 percent of design capacity; and

WHEREAS, these
conditions continue to endanger the safety, welfare, and resources
of the residents of this State; and

WHEREAS, from
June 1981, when Executive Order No. 106 (Byrne) was issued under
the authority of the Disaster Control Act, until this month, the
population of State-sentenced prisoners grew from 7,940 to 23,608,
exceeding all predictions for inmate population growth and taxing
all State correctional facilities; and

WHEREAS, the
scope of this crisis prevents local governments from safeguarding
the people, property, and resources of the State and warrants a
centralized management approach to inmate housing assignments; and

WHEREAS, despite
the construction of three prisons since the issuance of Executive
Order No. 106 (Byrne), designed for 3,000 inmates and which now
house 5,034 inmates at a construction cost of approximately $150
million, expansions of all existing facilities, and the opening
of a facility at Fort Dix under a lease agreement with the federal
government, the prison population growth has consistently outstripped
infrastructure expansion throughout the past decade, exacerbating
crowding conditions; and

WHEREAS, efforts
are continuing to address the problem, including the planned construction
of a new prison facility to be operational by the end of 1995; and

WHEREAS, the
State continues to make a good faith effort to reduce the population
of State-sentenced inmates housed in county facilities; and

WHEREAS, the
conditions specified in Executive Order No. 106 (Byrne) of June
19, 1981, continue to present a substantial likelihood of disaster,
and in fact have worsened since that time as the prison population
has expanded exponentially; and

WHEREAS, the
Supreme Court of New Jersey has determined that executive authority
to address these emergency conditions under the Disaster Control
Act expires on April 22, 1994; and

WHEREAS, Executive
Order No. 3 of January 19, 1994 was issued pursuant to the Disaster
Control Act to address these emergency conditions and will expire
on April 22, 1994; and

WHEREAS, the
State Legislature, by enactment of P.L. 1994, c. 12 (C. ), has declared
a continuing state of emergency in the State prisons and other penal
and correctional institutions of the New Jersey Department of Corrections;
and

WHEREAS, the
State Legislature, by enactment of P.L. 1994, c. 12, (C. ), has
conferred upon the Governor the authority to issue executive orders
pursuant to that act in order to address the effects of the continuing
state of emergency declared therein;

NOW, THEREFORE,
I, CHRISTINE TODD WHITMAN, Governor of the State of New Jersey,
by virtue of the authority vested in me by the Constitution and
by the Statutes of this State, do hereby ORDER and DIRECT as follows:

1. I invoke
such powers as are conferred upon me by P.L. 1994, c. 12 (C. ).

2. I hereby
direct that the authority to designate the place of confinement
of any State-sentenced inmate shall be exercised for the duration
of this Order by the designee of the Governor to address the emergency
conditions within the State prisons and other penal and correctional
institutions of the New Jersey Department of Corrections.

3. I hereby
designate the Commissioner of the New Jersey Department of Corrections
(the "Commissioner") to effectuate the provisions of this Order.

4. The Commissioner
may designate as a place of confinement any available, suitable,
and appropriate institution or facility, whether owned by the
State, a county, or any political subdivision of this State, or
any other person, for the confinement of inmates confined or to
be confined in the State and/or county penal or correctional institutions.

5. The Commissioner
shall consult with the appropriate county officials prior to implementation
of any substantial change in the population of State-sentenced
inmates housed in that county.

6. The Commissioner
shall have full authority to adopt such rules, regulations, orders
and directives as he shall deem necessary to effectuate the provisions
of this Order.

7. The Commissioner
shall establish a per diem rate in accordance with existing law
to compensate counties that house State-sentenced inmates.

8. This
Order shall take effect immediately.

GIVEN,
under my hand and seal,
this 4th day of April in the Year of
Our Lord, One Thousand Nine Hundred
and Ninety-four, and of the Independence
of the United States, the Two Hundred
and Eighteenth.